Saratoga Springs council still unsure of role in racino plan

SARATOGA SPRINGS >> After three separate meetings, two of which proposed specifically to collect public comment, including one on Friday, the City Council has still not come to a clear decision of which agency status it will seek in compliance with the 30-day comment period allowed by SEQRA, an environmental impact process required by the state for new developments.

After Wednesday’s special city council meeting, called specifically to yield public comments on the proposed $30 million expansion of Saratoga Casino & Raceway, the council decided it needed further legal consultation before submitting a consent form requesting either lead or involved agency status. The city hired attorney Mark Schachner, who concentrates in municipal, environmental, land-use and planning/zoning law and has a particular area of expertise in SEQRA’s complicated language.

“I don’t think we have any chance whatsoever in pursuing lead agency status,” he said Friday.

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Schachner did, however, commend the council on its collection of public comment to send to SEQRA because that process is “exactly what an involved agency would do,” and declaring themselves lead agency would be throwing money out and damaging their credibility. As of April 4, the gaming commission downgraded the city to interested agency, but the city remains operating as an involved agency.

As of right now, Schachner said, there is no lead agency. If someone contests the gaming commission’s desire for that status, the state Department of Environmental Conservation would have to begin a lead agency dispute, which the city would not likely win, he said.

“I don’t think there’s any harm in sending a letter requesting involved status,” city Public Works Commissioner Anthony “Skip” Scirocco, who put the original motion on the table in support of becoming a lead agency, said Friday.

A lead agency would have the highest level of jurisdiction. An involved agency would have the authority to provide the lead agency with observations and participate in the scoping process. An interested agency would have the same level of jurisdiction as a member of the public.

Finance Commissioner Michele Madigan said she appreciates the situation the racino is in with the gaming commission and didn’t want to compromise that. Members of the commission have heard concerns and sat in on city planning board meetings as a courtesy in the process so far.

“I believe the relationship we’ve built with them is good. I don’t want to go back to 2006,” Madigan said. The racino expanded previously in 2006, adding video lottery terminals (VLTs), Vapor nightclub and a buffet.

In compliance with SEQRA, the city has a 30-day period to collect and report what it believes is its potential jurisdiction and any issues they feel should be addressed. Mayor Joanne Yepsen said the city will submit a cover letter from her office, and all the public comments that have been submitted will be attached and driven down to the DEC on June 13, when the 30-day public comment period ends.

The council did not specifically say if it was applying as lead or involved, but after Schachner’s presentation Friday, Madigan, Scirocco and Public Safety Commission Christian Mathesien all expressed being in favor of applying to be involved. Commissioner of Accounts Jon Franck was not present due to his daughter’s high school graduation.

“I cannot, on good conscience, waste money ... on a frivolous lawsuit,” said Sharon Kellner-Byrnes, on behalf of Franck.

Comments heard from the public were much of the same — some were in support and many against. Bobby D’Andrea, a former assemblyman, said he supports the project.

“A community does not move forward without improvements,” he said, adding he doesn’t want the city to be “stagnant.”

Rick Towson, a Saratoga Springs resident, echoed that sentiment.

“We need more business, I believe an expansion will be very helpful,” he said, adding he believes the racino has been a good neighbor.

Yepsen said the next step in the process includes drafting a letter to declare their desired status and submit it along with all the public comment acquired. She said the letter will be reviewed by each department and then submitted.

“We will do everything in our power to make sure our city is protected,” she said.